R.D. Dhanuka, J.

1. Learned counsel appearing for the respondents in Civil Application No. 1424 of 2014 waive service. Learned counsel appearing for the respondents in Civil Application No. 656 of 2012 waives service. Rule, returnable forthwith. Heard the learned counsel appearing for the parties.

2. By civil application no. 1424 of 2014, the applicant seeks modification of the ad-interim order passed by this court on 18th April, 2012 in Civil Application No. 656 of 2012 ex-parte. By the said ad-interim dated 18th April, 2012 this court has granted ad-interim stay in terms of the prayer (b) of the civil application No. 656 of 2012 thereby granting stay of the execution application and implementation of the impugned order and judgment dated 18th July 2011 passed by MACT in favour of the claimant.

3. The learned counsel appearing for the insurer submits that under Order 41 Rule 3 of the Code of Civil Procedure, the discretion is granted to the appellate court to pass an order of deposit and/or to provide security while granting stay of the decree of the trial court. In support of this submission, learned counsel placed reliance on the judgment of the Supreme Court in case of Mal